Q: I601 question
My mom filed for i130 for my father 5-6 years ago. They had my father go to some kind of evaluation with a psychologist(or something like that) because of something in his criminal record from like 20 years ago and they had him tested and came out positive for marijuana.. now I recently filed another i130 for him a few months ago to try again.. and while we wait for the i130's results, the question question came up... should i have filed for an i601 waiver prior to filing the i130??
A: The old I-130 your mom filed, if she is alive, should still be valid. That said, if he previously used marijuana, the immigration officers likely found him inadmissible as a drug abuser. You should definitely speak with an immigration attorney to determine whether his criminal record and past drug use negatively impact his case. Don't do this alone.
A: If the FORM I-130 filed by your mother was routed to the NVC you may want to check with that agency to determine if the approval has not been “ terminated” due to inactivity. The approved petition may still be valid if the NVC has not taken action to “ terminate” the petition.
You can file another FORM I-130 on behalf of your father if you are a U.S. citizen over the age of 21.
In general, a FORM I-601 is not required at the time of filing of the FORM I-130. You should consult with an experienced immigration attorney to determine if a waiver is required at the of filing for adjustment of status.
Good luck to you.
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